Rule 19

Federal Court Reverses IBIA Decisions on Leasing Consents

Matthew L.M. Fletcher

Here are the materials in Western Refining Southwest Inc. v. Dept. of the Interior (D.N.M.):

1 Complaint

1-1 2016 IBIA Decision

1-2 2013 IBIA Decision

16 Intervenors Rule 19 Motion to Dismiss

26 Western Refinery Response

27 Reply

28 DCT Order

29 Intervenors Rule 12 Motion to Dismiss

30 Interior Response

31 Western Refinery Response

32 DCT Order

44 Western Refinery Brief

45 Interior Response Brief

46 Reply

51 DCT Order

Cert Petition in Diné Citizens against Ruining Our Environment v. Navajo Transitional Energy Co. LLC [updated with additional cert stage materials]

Matthew L.M. Fletcher

Here:

Cert Petition
 

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Lower court materials here.

UPDATE:

Navajo Transitional BIO

Arizona Public Service BIO

Ninth Circuit Reverses Dismissal of Yurok Fishing Dispute with Resighini Rancheria Member

Matthew L.M. Fletcher

Here is the unpublished opinion in Yurok Tribe v. Resighini Rancheria.

Briefs here.

Ninth Circuit Affirms Dismissal of Challenge to Jamul Casino

Matthew L.M. Fletcher

Here is the unpublished opinion in Rosales v. Dutschke.

Briefs here.

Ninth Circuit Affirms Rule 19 Dismissal of Environmental Challenge to Four Corners Power Plant

Matthew L.M. Fletcher

Here is the opinion in Diné Citizens against Ruining Our Environment v. Bureau of Indian Affairs.

Briefs here.

Federal Court Rejects Rule 19 Motion by Guidiville Rancheria

Matthew L.M. Fletcher

Here are the materials in Sprawldef v. City of Richmond (N.D. Cal.):

1-notice-of-removal.pdf

1-1-complaint.pdf

45-guidiville-rancheria-mtd.pdf

53-opposition.pdf

55-reply.pdf

58-dct-order.pdf

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal land?

2. If so, does the Tribe have authority to seize a motor vehicle off reservation if it has probable cause to believe that the automobile previously contained illegal drugs while on tribal lands?

Lower court materials here.

Ninth Circuit Affirms Order Requiring Exhaustion over Tribal Seizure of Truck

Matthew L.M. Fletcher

Here is the opinion in Wilson v. Horton’s Towing.

Briefs:

Wilson Opening Brief

US Answer Brief

Appellee Brief

Reply

Lower court materials here.

Federal Court Rejects Individual Indian’s Effort to Block Pipeline

Matthew L.M. Fletcher

Here are the materials in Northern Natural Gas Company v. 80 Acres of Land in Thurston County, Neb. (D. Neb.):

51 Soloman MTD

53 Northern MSJ

56 Northern Opposition to 51

57 Northern Reply

58 DCt Order

Prior post here.

Ninth Circuit Briefs in Diné Citizens against Ruining Our Environment v. BIA [Rule 19 Joinder; Four Corners Power Plant & Navajo Mine]

Matthew L.M. Fletcher

Here:

Appellant Brief

Arizona Public Service Co Brief

Navajo Transitional Energy Company, LLC Brief

United States Brief

Navajo Nation Amicus

Reply

Oral argument video here.